End-User License Agreement (EULA) for Diffblue Cover Community Edition IntelliJ Plugin
This End-User License Agreement (“EULA”) is a legal agreement between you and Diffblue Limited (“Diffblue”).
This EULA governs your use of the Diffblue Cover Community Edition IntelliJ Plugin software (“Software”).
Please read this EULA carefully before completing the installation process and using the Software.
This EULA grants you a license to use the Software to write tests for Open Source Code only (the “Purpose”) and contains warranty information and liability disclaimers. The definition of “Open Source Code” is any code licensed under an Open Source Initiative Approved License (i.e., is on the list posted at https://opensource.org/licenses/alphabetical).
By clicking “accept” or installing and/or using the Software, you are confirming your acceptance of, and your agreement to be bound by, the terms and conditions set out in this EULA.
If you are agreeing to this EULA on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to the terms and conditions set out in this EULA. If you do not have such authority or if you do not agree with the terms and conditions of this EULA, do not click “accept” and do not install or use the Software.
Diffblue grants you a non-exclusive, non-sublicensable, non-transferable, royalty-free, limited term license to use the Software solely for the Purpose. The Software may also contain third party components with separate notices and licensing terms, as specified in any documentation provided with the Software and found at: https://docs.diffblue.com/cover/user-manual/topics/getting-started/cover-intellij-plugin.html (“Documentation”).
You are permitted to load the Software onto any electronic device (for example a PC, laptop, mobile or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements for the Software as described in the Documentation.
You are not permitted to:
publicly display, publicly perform, translate or create derivative works of the Software;
(except as expressly provided in this clause) distribute, sell, sublicense, lease, rent, loan, assign, transfer or otherwise make the Software available to any third party or use the Software for the benefit of any third party;
(except to the extent that this restriction is prohibited by applicable law) modify, adapt, alter, copy, reverse engineer, decompile, make error corrections, disassemble, or otherwise attempt to derive the source code for the Software in whole or in part;
disclose any performance information or analysis (including benchmarks) relating to the Software to a third party;
remove, alter, obscure or destroy any proprietary notices on the Software, or produce copies of the Software which do not contain such notices;
use the Software as a consumer; or
use the Software for any purpose other than the Purpose or in any manner other than as described in the Documentation, this EULA or the relevant Order Form.
Intellectual Property and Ownership
The Software and Documentation, and all intellectual property rights therein, are and shall remain the exclusive property of Diffblue (and its licensors and contributors).
Except for the rights expressly granted under this EULA, (i) Diffblue (and its licensors and contributors) reserves all right, title and interest in and to the Software, Documentation and all intellectual property rights therein, and (ii) no right, title, interest or license in or to the Software, Documentation or any other intellectual property rights is granted, assigned or transferred to you, whether by implication, inducement, estoppel or otherwise. The Software is licensed, not sold or given.
If you provide Diffblue with any suggestions or other input relating to the Software, you (i) grant Diffblue an irrevocable, perpetual, royalty-free, sub-licensable and transferable license to use such suggestions and input for any purpose, and (ii) warrant that Diffblue’s use of such suggestions and input does not infringe the intellectual property rights of any third party.
The Software is provided to you for your use for the Purpose free of charge and as such is provided “as is”. Diffblue (and its suppliers, licensors and contributors) makes no warranties, conditions, representations or undertakings of any kind and hereby disclaims all warranties, whether express, implied or statutory, including without limitation the implied warranties relating to satisfactory quality, merchantability, quality, fitness for a particular purpose, ability to achieve a particular result and reasonable care and skill which are excluded to the fullest extent permitted by applicable law.
Diffblue does not warrant that the Software is error free, will meet your requirements, will operate without interruption, will identify all vulnerabilities or will identify all unit tests. To the extent that Diffblue cannot disclaim any such warranty under applicable law, the scope and duration of such warranty will be the minimum required under such law.
Limitation of Liability
Diffblue (nor their suppliers, licensors and contributors) will not be liable under any circumstances whatsoever to the other party (or any person claiming under or through it), whether in contract, tort (including negligence), breach of statutory duty, or otherwise for indirect, incidental, special, punitive or consequential loss. In particular, but without limitation, Diffblue shall not be liable for (i) any loss of profits; (ii) any loss or corruption of data; (iii) any loss or corruption of computer software or systems; (iv) any loss or damage to equipment; (v) any loss of contract or business opportunity; (vi) any business interruption; (vii) any loss of savings (whether actual or anticipated); (viii) any harm to reputation or loss of goodwill; (ix) any cost of substitute software, goods or services.
Diffblue’s total cumulative liability arising hereunder or in connection with the supply of the Software, whether in contract, tort (including negligence), breach of statutory duty or otherwise, is limited to one hundred pounds sterling (£100).
Nothing in this agreement shall exclude or limit Diffblue’s: (i) liability for death or personal injury caused by its negligence; (ii) liability for fraud or fraudulent misrepresentation; or (iii) any other matter in respect of which it would be unlawful to exclude or restrict liability.
This EULA is effective from the date you first use the Software and shall continue until terminated as provided for herein.
You or Diffblue may terminate it at any time upon written notice.
The EULA and all rights granted to you under it will also terminate immediately if you fail to comply with any term of this EULA including but not limited to using the Software other than strictly for the Purpose.
Upon such termination for whatever reason, the licenses granted under this EULA agreement and all rights will immediately terminate and you agree to stop all access to and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA.
Third Party Rights
This EULA does not grant any benefits to any third parties and no person other than a party to the EULA can enforce or take the benefit of any of its terms under the Contracts (Rights of Third Parties) Act 1999 (as amended from time to time). The rights of a party to terminate, rescind or agree any variation, waiver or settlement under this EULA is not subject to the consent of any person that is not a party to this EULA.
You must comply with all applicable export and import control laws, regulations, sanctions and trade embargoes of the United States, United Kingdom and foreign jurisdictions in which the Software is used. You will not export or re-export the Software: (i) without all required United States, United Kingdom and foreign government licenses; or (ii) to any person or organisation in the embargoed country list (currently the Crimea Region of the Ukraine, Cuba, Iran, Syria, Sudan, South Sudan or North Korea); or (iii) otherwise in violation of any United States or United Kingdom export law or regulation.
This EULA shall be governed by and construed in accordance with the laws of England and any disputes arising out of or in connection with this EULA shall be subject to the exclusive jurisdiction of the courts of England.